Tomerford & Tomerford (No 2)

The application before Cleary J in the Family Court concerned an application by the Independent Children’s Lawyer for the Department of Human Services to access the court file in proceedings concerning children B and C. The father opposed this application. The dispute arose in the context of an ongoing investigation by the Department into alleged sexual abuse of one of the children, and the Department's need to assess whether a re-interview of the child was necessary.

The primary legal issue before the court was whether to grant the Department of Human Services access to the court file, including all filed documents and reports by the court-appointed single expert, Dr R. A secondary issue was whether to grant the mother leave to take the children to medical appointments and interviews concerning the allegations of sexual abuse.

Cleary J reasoned that access to the court file would facilitate the Department's assessment of the child's welfare and the need for a re-interview. The court considered the unresolved risks and concerns regarding the welfare of the child. Consequently, permission was granted for the Department to access the court file and its records. Leave was also granted to the mother to take the children to medical appointments and interviews in relation to the allegations of sexual abuse, as requested by police or welfare authorities.